Lecture 2 Flashcards
When compensating employees an organization
must adhere to the existing legislation in the
areas of
o Labour Standards
o Pay Equity
o Human Rights
o Employment Insurance
o Pension
o Labour relations
o Occupational Health and Safety
Employment laws reside with
The provinces and
territories (90% of Canadian workers)
Which percentage of employment is governed through Federal employment legislation?
10%
Types of businesses that are federally regulated
- banks
- marine shipping, ferry and port services
- air transportation, including airports,
aerodromes and airlines - a federal act
- canals, pipelines, tunnels and bridges (crossing
provincial borders) - telephone, telegraph and cable systems
- radio and television broadcasting
- uranium mining and processing
- businesses dealing with the protection of
fisheries as a natural resource - many First Nation activities
- railway and road transportation that involves
crossing provincial or international borders - most federal Crown corporations
- The Canadian Human Rights Act
A broad-reaching piece of legislation that prohibits discrimination on the basis of gender, race, ethnicity and other grounds.
Canada’s Employment Equity Act and the Federal Contractors
Program
Require employers to identify and correct existing
discrimination, and redress past discrimination to improve the employment opportunities for specific groups of people in
Canada.
Duty to accommodate
o At times, people need to be treated differently to prevent or reduce discrimination.
o This may require an employer to make a change to an employee’s work environment or duties, to make it possible for that person to do his or her job every day.
United Nations Declaration on the Rights of
Indigenous Peoples Act (2021)
This Act provides a roadmap for the Government of
Canada and First Nations, Inuit and Metis peoples
to work together to implement the Declaration
based on lasting reconciliation, healing, and
cooperative relations.
Canadian Charter of Rights and Freedoms (1982)
o Protects a number of rights and freedoms,
including the right to equality.
o Prohibits discrimination Under Section 15
Canadian Labour Code
Includes provisions that directly benefit
women
Four Fundamental Rights from the Canadian Charter of Rights and Freedoms:
- Freedom of conscience and
religion - Freedom of thought, belief,
opinion, and expression,
including freedom of the press
and other communication media - Freedom of peaceful assembly
- Freedom of association (Group
that you belong to)
Provisions Under the Charter
o Equality rights (Section 15 of the Charter)
- Provides the basis for human rights
legislations. It prohibits discrimination based
on race, national or ethnic origin, colour,
religion, sex, age, or mental or physical ability.
Discrimination
Exclusion or preference based on any of the prohibited grounds impairing the right of a person to full and equal recognition and exercise of his or her human rights and freedoms.
Discrimination by Association
Denial of rights because of friendship
or other relationship or other relationship with a protected group
member.
E.G.
The refusal of a firm to promote a
highly qualified male into senior management on the basis of the assumption that his wife,
who was recently diagnosed with multiple sclerosis, will require too much of his time
Unintentional / Systemic Discrimination*
Embedded in policies and
practices that appear neutral on the surface and are implemented
impartially, but have an adverse impact on specific groups of people for reasons that are not job related.
E.g. Culturally biased or non-job-related employment tests, which discriminate against specific groups.
prohibited grounds of discrimination (unless there is a valid, job-related reason for the apparent
discrimination.) are:
- race, colour, ancestry, place of origin
- political belief, religion
- marital status, family status
- physical or mental disability
- sex, sexual orientation
- age
- conviction for a criminal or summary conviction
offence that is unrelated to the job in question
*Violations of human rights are first heard by
The Human Rights Tribunals in each province (BC Human rights tribunal).
A disability:
- May be present from birth
- Caused by an accident
- Develop over time
Disabilities Includes:
Physical, mental and learning
disabilities, mental disorders, hearing or
vision disabilities, epilepsy, drug and alcohol dependencies, environmental sensitivities, or other conditions.
Harassment –
Unwelcome behaviour that demeans,
humiliates, or embarrasses
a person and that a
reasonable person should
have known would be
unwelcome.
Evolution of Sexual
Harassment in Canada
In 1989 The supreme court ruled that sexual harassment is a form of sexual discrimination, and that employers are
responsible for their employees’ actions.
What issue sparked the law against Sexual Harassment in the workplace?
August 1982, two young women
named Dianna Janzen and Tracy
Govereau secured waitressing jobs
at a restaurant in Winnipeg,
Manitoba.
* The cook, Tommy Grammas, started
groping the women and making
sexual advances during each
woman’s shift at work.
Sexual Harassment*
Offensive or humiliating behaviour that is related to a person’s sex, as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment.
Sexual Coercion*
Harassment of a sexual nature that results in some direct consequences to the worker’s employment status or some gain or loss of tangible job benefits.
